A Fremont man says his jail sentence was excessive.
Ross R. Mann, 24, on Monday in Dodge County District Court appealed his 45-day sentence for domestic assault, a Class I misdemeanor.
“This was a case where Mr. Mann faced up to one year in jail and up to a $1,000 fine,” argued Mark Boyer, deputy Dodge County attorney. “Mr. Mann assaulted a female partner then held a 5-year-old child up to see ‘what your mother did to herself.’”
Robert Krafka, Mann’s attorney, said he felt the sentence was without merit because the victim asked to have the charges dismissed.
Judge John Samson took the matter under advisement and will issue a written ruling.
Other cases heard Monday included:
* A March 7 jury trial was set for Edward Adams, 42, of Fremont. He is charged with possession of a controlled substance-clonazepam and possession of a controlled substance-alprazolam, both Class IV felonies.
* A Jan. 25 bench trial was set for Corey J. Bartlett, 40, of Omaha. He is charged with driving during a 15-year suspension, a Class IV felony, and speeding, an infraction.
* Damien Dowty, 23, of Fremont admitted to violating his probation by testing positive for marijuana, quitting his job and being arrested in Douglas County. He was placed on two years of intense supervised probation March 7 for possession of a controlled substance without a prescription-hydrocodone. An updated pre-sentence investigation was ordered and sentencing set for Feb. 13.
* Randy L. Flagle, 42, of Fremont had his sentencing continued until Jan. 23 so he could be accepted into inpatient drug treatment. He previously was convicted of possession of a controlled substance-methamphetamine, a Class IV felony.
* Eugene W. Foster, 38, of Fremont pleaded guilty to delivery of a controlled substance-marijuana, a Class III felony. In exchange for his plea, charges of three additional counts of delivery of a controlled substance-marijuana and possession of drug paraphernalia, an infraction, were dismissed. Foster is accused of selling 11.13 grams of marijuana Aug. 30 to a III-CORP Drug Task Force confidential informant at his home. A pre-sentence investigation was ordered and sentencing set for Feb. 13.
* Troy Leedom, 37, of Fremont was sentenced to two years of intense supervised probation with the first four months at the work ethic camp. The first 30 days after the work ethic camp, he will be electronically monitored. Leedom was ordered to jail until a bed at the work ethic camp opens up Jan. 16. He previously was convicted of driving during a 15-year suspension, a Class IV felony.
* Mary L. Lottman, 41, of Fremont was sentenced to 30 days in jail followed by five years of probation. During that probation, she must pay $200 per month in restitution to the Izaak Walton League for a total of $12,000. She previously was convicted of theft, a Class IV felony. She is accused of stealing money from the organization when she was the treasurer.
* Melissa Schutt was appointed to represent Carrie Lowther, 26, of Fremont in a probation revocation hearing. Her arraignment was continued until Jan. 23.
* Ryan A. Matz, 17, of Fremont had his probation revoked and was sentenced to 20 months to four years in prison. He had been on probation for aiding in the consummation of a felony, a Class IV felony, when he stole a car. His original probation involved the theft of a car.
“Mr. Matz has a pretty sad record for someone of his age,” said Dodge County Attorney Paul Vaughan. “I don’t know what else the probation office can be expected to do.”
Matz’s attorney said chemical abuse caused him to commit crimes, but Judge John Samson didn’t accept that excuse.
“What you’ve put your family through is alarming,” Samson said. “What’s more alarming is what you did while you were on intense supervised probation.”
* William Moore, 21, of Fremont had his probation revocation hearing continued until Jan. 30 to allow for plea negotiations. Moore tested positive for marijuana while on probation for burglary, a Class III felony.
* Thomas Prado, 32, of Fremont was sentenced to two to four years in prison and ordered to pay $205 in restitution. He previously was convicted of resisting arrest-second offense, a Class IIIA felony; and criminal mischief, a Class II misdemeanor.
* Randall R. Redding, 42, of Fremont appealed his Sept. 14 9-month jail sentence as excessive. He previously was convicted in Dodge County Court of resisting arrest, a Class I misdemeanor, and disorderly conduct, a Class III misdemeanor.
Redding was accused of injuring his son by head butting him, refusing to talk with a police officer and — with the help of others — attempting to throw the officer down some steps and off a deck.
Boyer argued the appeal was not filed within the required 30 days after sentencing because Redding attempted to withdraw his guilty plea.
“There were no objections prior to sentencing,” Boyer said. “That’s the crux of this case — Mr. Redding doesn’t want to do nine months in jail.”
Samson said he will take the case under advisement after the submission of a copy of Redding’s pre-sentence investigation within seven days by his attorney.
* Michael Schneider, 20, of Fremont pleaded guilty to burglary, a Class III felony. In exchange for his plea, charges of theft, a Class IV felony; false information, a Class I misdemeanor; and criminal mischief, a Class II misdemeanor, were dismissed. He is accused of breaking into the concession area at the Nebraska Motorplex in Scribner between Oct. 27 and Oct. 29 and stealing 10 walkie talkie radios. A pre-sentence investigation was ordered and sentencing was set for Feb. 13.
* A bench warrant for failure to appear was issued for Jose F. Ramirez, 33, of Fremont.
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